Day 102 - 13 Mar 95 - Page 03

1 you see what I mean, or no sufficient sample of the
2 documents. But bear in mind that he is yet to give
3 evidence and I do not know and you do not know just
4 precisely what Mr. Rampton will ask him so far as that is
5 concerned.
6
7 MR. MORRIS: There are just a couple of other matters.
8
9 MR. JUSTICE BELL: Yes.
10
11 MR. MORRIS: We had served on us over the weekend
12 I believe -- Friday -- the voluntary particulars of the
13 Defence to Counterclaim, further particulars. On page 8 --
14 I do not think you have to get it out -- the Plaintiffs
15 refer to one of the files that we have in court quoting
16 something on the cover of one of the files, what they say
17 is on the cover. We wanted to make a protest about the
18 Plaintiffs' looking at our documents, or any of them, or
19 any of our files.
20
21 MR. JUSTICE BELL: I have not assumed that they have gone around
22 looking to see what is on your files. If something is
23 there and one cannot avoid seeing it or one's eyes falls on
24 it, well, there we are. That is just -----
25
26 MS. STEEL: The thing is they say what the contents of this file
27 are supposed to be.
28
29 MR. JUSTICE BELL: I will look at it again. I just thought that
30 someone's eye may have fallen upon it.
31
32 MR. RAMPTON: Several pairs of eyes, in fact, my Lord. It has
33 been inescapable. It has been bandied around quite a lot.
34 The Defendants have not tried to cover it up. One might
35 say: "Well, why should they?"
36
37 MR. JUSTICE BELL: Absolutely.
38
39 MR. RAMPTON: Just as Ms. Steel noticed, I think, sometime ago
40 that I had some nutritional leaflets, I did not accuse her
41 or prying or going through my documents. They are here,
42 sitting here and everybody can see them. It is quite
43 apparent -- I have not looked at the material of those
44 files, of course not -- that when the Defendants refer to
45 transcripts, they refer to those file; it is quite apparent
46 from the colour of the paper that it is not the
47 original documents that were supplied to them by the
48 transcribers.
49
50 MS. STEEL: We do have other things to say at the relevant time
51 about what is pleaded there.
52
53 MR. JUSTICE BELL: That may be.
54
55 MS. STEEL: Is that normal practice then, that people on the
56 other side look into files and things like that?
57
58 MR. JUSTICE BELL: No, I have not assumed that they have. If
59 you want to make a formal complaint about it, then I will
60 look into the matter, but you are sitting on the same row.